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Motorcycle officer arraigned on murder charges

A Baltimore City motorcycle officer faced a judge Thursday to answer to murder charges during an arraignment proceeding.

Officer James Smith is accused in the shooting death of his fiancee on May 7. A couple of mitigating circumstances emerged Thursday, one of which concerns allegations of infidelity and another includes combat stress.

Smith's attorneys entered a "not guilty" plea in connection with the shooting death of Kendra Diggs. Smith, crying, mouthed "I love you" to his mom, aunt and daughter as sheriff's deputies led him back to jail.

"Clearly, this is very emotional for him. He was walking out crying. It is emotional for his family. It is emotional for the other family also," defense attorney Jan Bledsoe said.

On May 7, two Baltimore City police officers responded to a reported domestic assault at Smith's home for the second time that day. Earlier, Diggs, an MTA bus driver, called her fiance's supervisor, telling him she felt threatened. Police responded, and what happened after they arrived is still under investigation.

Charging documents indicate that during the second call, the officers heard a fight in progress. Police kicked the door down and found Diggs bleeding from an injury to her face.

One of the officers took Diggs out of the house while the other stayed inside and saw Smith run upstairs. Since police knew the home belonged to an officer, they yelled out to Diggs, "Does he have a gun?" She said, "Yes." A shot rang out from a second-story window.

Court records indicate there was a single gunshot fired and that Diggs' head snapped back and she collapsed to the sidewalk.

Responding officers left to take cover as Smith barricaded himself in the home along with his 4-year-old son. The threat of more gunfire made it too dangerous for paramedics to reach Diggs. She remained on the sidewalk for about an hour until a SWAT vehicle picked her up and took her to an ambulance.

Diggs was pronounced dead at Shock Trauma, and Smith released the boy unharmed and surrendered. His lawyers said his stressful personal history may also be a factor, which includes combat stress.

"I think everybody needs to hear that he was a military veteran (who) served in Desert Storm and then served the city for 20 years," Bledsoe said.

Smith's attorneys asked for a jury trial, and the court set an Aug. 30 court date. Smith remains in jail on a no bail status in protective custody.

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